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Does withdrawing petition for spouse impact his visiting or working visa?
Anonymous11 views2 answers
I have recently petition both the K3 Visa and I-29F for my spouse. Even though he has a working and visiting permit. If i decide to withdraw my petition due to divorce, will this impact his other visas?
No, it will not. The only issue that could raise its head in this type of situation is when the foreign spouse is interested in nonimmigrant visa and prior immigrant intent could become an issue.
There may be no impact, but his ability to enter the U.S. always depends upon his actions and intentions.
This is confusing. The I-129F is used for both K-1 fiance and for a K-3 petitioned spouse. Strangely, the K-3 visa is a non-immigrant visa (arguably dual intent visa), even though he can remain if the I-130 is approved.
Assuming that you filed the I-129F petition for the K-3 and now want to withdraw this petition, due to divorce, then your intentions to petition him may have an effect on a consular official, if he is applying for a new non-immigrant visa. You should also withdraw the underlying I-130 petition, as well.
The CBP may ask him about the I-129F and I-130 petition. 'If asked,' he should admit it was filed for him, but that you withdrew it. Otherwise, this may create other concerns. 'If your husband now lacks immigrant intent for the purposes of his visits,' he should be allowed to enter. Unfortunately, the CBP is required to presume immigrant intent for every visit, even if you never filed a petition for him. The level of review depends upon what the CBP is aware of and concerned with at the time of entry.